720 research outputs found
Nothing New Under the Sun: How the Legal Profession's Twenty-First Century Challenges Resemble Those of the Turn of the Twentieth Century
No full textThese divergent observations reflect the legal profession’s uneasy relationship with its past. Central to the work of lawyers is precedent, a form of history. But when it comes to our own history, lawyers, judges, and legal scholars tend to have short memories and to engage in what Martin Flaherty describes as “history lite.” For example, many bar leaders today refer to the “good old days” when lawyers did not advertise. In fact, John Marshall, while sitting as Chief Justice, provided a testimonial for a lawyer advertisement, attesting to his “entire confidence” in, and the “ability, integrity, and promptitude” of, attorney David Hoffman, who ironically happened to be the author of the first American code of legal ethics.
In this Essay, we take a small step toward bringing history to bear on debates regarding the legal profession today. Rather than seeking normative lessons, this Essay seeks simply to offer context for contemporary debates. In particular, we explore five crises that faced the legal profession at the turn of the twentieth century and that face the legal profession once again today. These are: (1) the debate regarding the vitality of the Business-Profession dichotomy; (2) the question of whether lawyers are responsible for encouraging business clients to pursue the public good; (3) the issue of whether lawyers should have control of the market for legal services; (4) the need to reform legal education; and (5) the management of a dramatic increase in diversity in the legal profession.
To examine these five crises, we draw upon Julius Henry Cohen’s classic work, The Law: Business or Profession? published in 1916. Cohen offers what is probably the most extensive contemporary account of the challenges facing the turn of the twentieth century legal profession. Cohen accordingly provides a historical context for the turn of the twentieth century crises that in turn illuminates the similar crises that the bar faces at the turn of the twenty-first century. By comparing Cohen’s world to our own, we hope to show how the legal profession’s responses to these dilemmas have varied over time and to suggest that today’s status quo is neither traditional nor inevitable. Indeed, challenging the legal profession’s assumptions regarding its traditions is a necessary step in refining both the descriptions of, and prescriptions for, the current crises
As Equal as Others? Rethinking Access to Discrimination Law
No full textThe purpose of employment discrimination law is to ensure fair and equal conditions in the workplace by preventing and remedying differential treatment based on certain protected characteristics, such as race, sex, and age. However, the federal anti-discrimination claiming system as presently constructed cannot achieve this mandate. The current system excludes close to one-fifth of the American workforce outright, and prevents even greater numbers of individuals from seeking redress for reasons unrelated to the merits of their claims. Stringent statutory requisites as to covered employers, administrative exhaustion, and the limitations period create barriers to access that not only prevent individuals from obtaining relief but permit discrimination to persist on a systemic level, hobbling realization of the anti-discrimination mandate. Thus, there is a fundamental tension between the broad aspirations of anti-discrimination law and the narrow constraints of the claiming system intended to enforce it.
Recent scholarship in the employment discrimination area has focused upon the structure of discrimination claims, i.e., whether the required elements of proof and burden-shifting framework are effective in addressing racism, sexism and other biases in the workplace, or whether a new, more fluid schema is required to capture the complexities of modern prejudice and its many manifestations. These articles do not speak to the more fundamental question of access to employment discrimination law.
This Article argues that there are costs associated with excluding people from coverage, including significantly diminishing the ability of discrimination law to eliminate discrimination. The Article shows how most of the arguments used for limiting the reach of employment law have never been substantiated, have been diminished by changing circumstances, or can be alleviated by altering the statutory regimes in important ways.
This Article breaks new ground by identifying the conflict between the broad goals of employment discrimination law and the limited protections of the anti-discrimination claiming system, and proposing bold systemic restructuring to widen access, while taking into account countervailing concerns such as overburdening and cost. Part I examines the evolution of the federal employment statutes. Part II considers the nature of the barriers to access, their merits as well as the problems they create.
Finally, Part III re-envisions the requirements of the anti-discrimination claiming system and offers a proposal whereby: (1) all employees would be covered by the federal anti-discrimination statutes and given access to the Equal Employment Opportunity Commission, which would have adjudicative, rather than merely investigative, authority over claims; (2) individuals employed by larger companies would be permitted to opt out of the EEOC process and proceed directly to federal court; and (3) individuals bringing claims in either forum would be given a minimum two-year statute of limitations in which to do so. These reforms would better achieve the goal of anti-discrimination law by providing protection to a wider spectrum of individuals and claims, while enabling the system to operate more effectively
The Self-Assessed Writer: Harnessing Fiction Writing Processes to Understand Ourselves as Legal Writers and Maximize Legal Writing Productivity
No full textDusty and the Big Bad World [program]
No full textPepper, Pam; Hoelscher, Erica; Deutschmann, Dani; Hoelscher, Erica; Pacheco, Esperanza; Priester, Samantha; Graves, Taylor; Marr, Connor William; Ticho, Connie A
The "Health" model - part 2: case study of a guideline base treatment program for Complex PTSD relating to childhood sexual abuse
No full textThis study outlines some of the practical issues for practitioners in the use of a guideline-based treatment program: HEALTH (Connor & Higgins, 2008 Connor, P. K. and Higgins, D. J. 2008. The “HEALTH” model – Part 1: treatment program guidelines for Complex PTSD. Sexual and Relationship Therapy, 23(4): 293–303. [Taylor & Francis Online], [Google Scholar] ). Issues are explored using a case study of a 23-year-old woman who had multiple trauma experiences throughout her childhood and who was diagnosed with Complex PTSD (CP). The objective of the treatment program was “ego strengthening” and reduction of CP-specific symptomatology. Through this, the aim was to increase her capacity for eventual exploration and working through of her early abuse. The use of the HEALTH treatment guidelines with this case allowed for an individualised focus, with the program being tailored to meet the client's needs. A major positive outcome of the treatment program was that the client reported improvements in all CP symptoms identified at the outset and reported being more capable of undertaking work directly related to the earlier abuse issues. A case study is used to explore issues for practitioners in implementing this guideline-based treatment program. The case study demonstrates that – in addition to focusing on core-PTSD symptoms undertaking therapeutic work to address directly the abuse issues – there are important the benefits for clients when CP-specific symptoms are addressed directly, as outlined in the HEALTH mode
The Laramie Project [program]
No full textChupa, Andrew W.; Dutt, Cassandra; Ingram, Lucas P.; Richey, Pam; Aberg, Lorentz; Bonsall, Tori; Caruso, Zachary; Dunyak, Talia; Johnson, Brittany Geeta; Majansky, Kory Alexander; Marr, Connor William; Pacheco, Esperanza; Schaaf, Ellen; Soukup, Dalla
Urinetown [program]
No full textPepper, Pam; Whitney, Bill; Katakalos, Melpomene; Ragusa, Sue; Hoelscher, Erica; Marr, Connor William; Dutt, Cassandra; Riddagh, Kevin; Barrionuevo, Sofi; Majansky, Kory Alexander; Herbert, Ryan; Aberg, Lorentz; Gifford, Emma; Briel, Kelsey; Giszter, Marek; Romero, Ohmny; Johnson, Brittany Geeta; Hernandez, Yashira; Ross, Corey; Hoffman, Jon; Milkis, Marlee; Corey, Alana; Drabik-Stevens, Emily; Trivedi, Nigam; Moschella, Matthew; Osborne, Becc
A 200Gb/s PAM-4 Transmitter with Hybrid Sub-Sampling PLL in 28nm CMOS Technology
No full textThis paper presents a complete 200Gb/s PAM-4 transmitter (TX) in 28nm CMOS technology. The transmitter features a hybrid sub-sampling PLL (SSPLL) with a delta-sigma (?S) modulator, clock distribution network with flexible timing control, and data path with a hybrid 5-tap Feed-Forward Equalizer (FFE) and T-coil for bandwidth extension. The prototype chip achieves 4.69 pJ/bit efficiency, 54mV eye height, 0.27UI eye width, and 97% RLM under -6dB channel loss at 50GHz. Green Open Access added to TU Delft Institutional Repository 'You share, we take care!' - Taverne project https://www.openaccess.nl/en/you-share-we-take-care Otherwise as indicated in the copyright section: the publisher is the copyright holder of this work and the author uses the Dutch legislation to make this work public.Electronic Instrumentatio
Polymer-based treatments to control runoff, leachate and erosion from engineered slopes at Simfer Mine, Guinea, Africa
No full textIt is necessary to understand the erodibility and hydrological response of mine-site slope forming materials (SFMs), because of increasing awareness of the environmental impacts of mining. Steep engineered slopes in high intensity rainfall environments present a serious erosion risk. Temporary surface stabilisers, such as polyacrylamides (PAMs) and polyvinylacrylic latex (PVALs) are potentially cost effective erosion control solutions. In this study PAM and PVAL efficacy to reduce runoff, leachate and erosion was assessed at two application rates, with and without gypsum on SFMs from an iron ore mine in Guinea (West Africa). NSPASS (near-surface photogrammetry assessment of slope forming materials’ surface roughness) is a novel method that integrates digital image capture and GIS. It is shown to detect and quantify surface micro-relief changes of 2-3 mm, not visible to the naked eye.
As expected, soil and non-soil SFMs were significantly different in terms of their physical and chemical properties. Phase I of the study investigated the erodibility of ten SFMs, including soil, ore and waste-rock. The results indicate that the hydrological response to rainfall of most SFMs is to generate leachate. Weathered phyllite (PHY-WEA) is the most erodible SFM by both runoff and leachate. Multiple regression analysis demonstrated that magnetic susceptibility, mineralogy and dry aggregate distribution; parameters not commonly assessed in erosion studies, are important in explaining SFM erodibility and hydrological response.
Phase II evaluated critically the effectiveness of three commercially available polymer solutions (two PAMs and one PVAL) at reducing runoff, leachate and erosion from four of the most erodible SFMs identified in Phase I. The results indicate that some PAM and PVAL treatments significantly reduce runoff, leachate and erosion. Polymer efficacy is highly dependent on the physical and chemical properties of the SFM, as well as the mechanism of polymer to SFM adsorption. Increasing the application rate of select treatments lowered leachate volumes, runoff and leachate total sediment loads. Contrary to previous studies, gypsum amendments did not significantly improve polymer efficiency.
This research has added to our understanding of the erodibility and hydrological response of soil and non-soil SFMs. This is the first study to evaluate critically the efficacy of PVALs in controlling erosion from mine-site SFMs. Future studies should continue to optimise NSPASS performance in monitoring changes in surface micro-relief
Profile of Pam Allen, author of many knitting books, former editor of the magazi
No full textProfile of Pam Allen, author of many knitting books, former editor of the magazine, Interweave Knits, and owner of the Quince & Co. yarn company founded in 2010. Quince & Co., based in Portland with Biddeford-made yarns, sells its product at a few stores and online. Allen hopes to one day produce seasonal yarn from animals raised in Maine
- …
